Patna High Court
Sachin Kumar @ Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail cannot be granted until the victim is recovered and her statement is recorded under the prescribed provisions.
Summary
The petitioner, Sachin Kumar, sought anticipatory bail after being implicated in a kidnapping case (PS Bhagwanpur Case No. 09 of 2025) under Section 96 of the B.N.S. The prosecution alleged that the petitioner and others abducted a girl, while the petitioner claimed innocence, stating he was merely a friend of the main accused and has a clean record. The State opposed the bail on the ground that the victim girl had not yet been recovered. The Court held that anticipatory bail could not be granted until the victim is recovered and her statement is recorded by police under Section 180 of the B.N.S.S. and before the magistrate under Section 183 of the B.N.S.S. Consequently, the application for anticipatory bail was dismissed, with liberty to re‑apply after the victim’s recovery and statement taking place. The decision underscores the requirement of a recovered victim and recorded statement before granting anticipatory bail in kidnapping offences.
Issues considered
- Whether anticipatory bail can be granted when the alleged victim has not been recovered.
- Whether the absence of a victim's statement under Sections 180 and 183 of the B.N.S.S. precludes anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- Section 96 B.N.S.
- victim recovery
- statement recording
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57648 of 2025
Arising Out of PS. Case No.-9 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Sachin Kumar @ Bhola Kumar S/o- Shobhakant Sah R/O Village- Bakhra
khurd PS- Bhagwanpur District-Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. XYZ S/o Asharfee Shah R/o Village- Bakhra Khurd, P.S. - Bhagwanpur,
Distt. - Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar, Advocate
For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bhagwanpur P.S. Case No. 09 of 2025
registered for the offence under Section 96 of the B.N.S.
3. As per the prosecution case, petitioner and
others are accused of kidnapping the victim girl.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the main
accused is one Sachit Kumar @ Bhola Kumar and petitioner is
only his friend. Petitioner has clean antecedent.
Patna High Court CR. MISC. No.57648 of 2025(5) dt.20-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner on the ground that the
victim girl has yet not been recovered
6. In these circumstances, this application is
dismissed with liberty to the petitioner to approach this Court
again after recovery of the victim girl after recording of her
statement by the police under Section 180 B.N.S.S. by the
police and under Section 183 B.N.S.S. before the concerned
Magistrate.
(Sandeep Kumar, J)
tusharika/-
U T
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